Public procurement oversight Stará radnice v Brně 10/10/2013 Jaroslav Kračún European Commission Directorate General Internal Market and Services
Oversight and review procedures Monitoring, implementation, guidance, control Independent national body + public Not regulated so far in directives on public procurement Proposal for a new directive: detailed provisions Pre-adopted new directive: lighter provisions Review procedures Redress of illegal situation Participating + "potentially harmed" entities Directives 89/665/EEC and 92/13/EEC, as amended by directive 2007/66/EC 23/11/2018
Proposal for a new directive: Oversight National oversight bodies Member state designates an independent body to oversee public procurement Oversight and coordination of implementation activities Contact point for European Commission Annual report Success level of SMEs Sustainable policies: environment, social inclusion, innovation Infringements with impact on EU budget Centralised data on fraud, corruption, conflict of interests 23/11/2018
Proposal for a new directive: Oversight Tasks of oversight body Monitoring of PP rules implementation Advice and interpretation of PP rules for contracting authorities Opinions and guidance on systemic problems Red flag system for fraud, corruption, conflict of interests Reporting to competent bodies Handling complaints from public and communication with competent bodies Monitoring of decisions of national and EU courts Analysis of inquiries, in particular from European Commission for cases with impact on EU budget Registry of contracts over 1 and 10 m€ + disclosure according to applicable rules 23/11/2018
Proposal for a new directive: Assistance to authorities and business Technical support structures Legal and economic consultancy, guidance and assistance in public procurement procedures for contracting authorities Assistance to business At home In particular for SMEs Assistance with interpretation of directives and national legislation Assistance with electronic tools Abroad Assistance with administrative requirements Assistance in the area of taxation, environment, social and labour requirements 23/11/2018
Pre-adopted new directive Monitoring Member State designates an oversight body Own or external initiative Inquiry about infringement of rules or systemic failure Transmission of findings to competent authorities and public Report on main difficulties to European Commission, 3 years Most frequent infringements or legal uncertainty Systemic problems Level of participation of SMEs Prevention, detection and reporting of fraud, corruption and conflict of interest Guidance Free of charge for authorities and businesses on EU law For contracting authorities on planning and running procedures Registration and disclosure of contracts 23/11/2018
Pre-adopted new directive Reporting on individual contracts Identification of participants Justification of choices of certain procedures and exclusions of participants Documentation of all procurement process archived for 3 years and available for competent authorities on request Statistical reports European Commission retrieves information from notices Lacking information shall be supplied by Member States + estimate information for under-threshold contracts Information on national institutions, their competences and on implementation of EU law Administrative cooperation Contracting authorities, oversight and review bodies, also within the Internal Market Information System (IMI) 23/11/2018
Thank you for your attention All information can be retrieved at our website: http://ec.europa.eu/internal_market/publicprocurement/index_en.htm Contact: jaroslav.kracun@ec.europa.eu 23/11/2018